Education Act 1996

Link to law: http://www.legislation.gov.uk/ukpga/1996/56/contents

Introductory Text

Part I General

Chapter I The statutory system of education

General

1. The stages of education.
2. Definition of primary, secondary and further education.
3. Definition of pupil etc.

Educational institutions

4. Schools: general.
5. Primary schools, secondary schools and middle schools.
6. Nursery schools and special schools.

Compulsory education

7. Duty of parents to secure education of children of compulsory school age.
8. Compulsory school age.

Education in accordance with parental wishes
9. Pupils to be educated in accordance with parents’ wishes.

Chapter II Functions of the Secretary of State

10. General duty of Secretary of State.
11. Duty in the case of primary, secondary and further education.

Chapter III Local education authorities

The authorities
12. Local education authorities and their areas.

General functions

13. General responsibility for education.
13A. Duty to promote high standards in primary and secondary education.
14. Functions in respect of provision of primary and secondary schools.
15. Functions in respect of provision of further education.
15A. Functions in respect of full-time education for 16 to 18 year olds.
15B. Functions in respect of education for persons over 19.

Establishment etc. of schools

16. Power to establish, maintain and assist primary and secondary schools.
17. Powers in respect of nursery education.

Other arrangements for provision of education

18. Power to arrange provision of education at non-maintained schools.
19. Exceptional provision of education in pupil referral units or elsewhere.

Chapter IV The Funding Authorities

The Authorities

20. The Funding Agency for Schools.
21. The Schools Funding Council for Wales.

Functions

22. Functions of funding authorities.
23. Value-for-money studies of grant-maintained schools.
24. Supervision of funding authorities by the Secretary of State.

Supplemental

25. Grants to funding authorities.
26. Meaning of “funding authority”.

Chapter V Allocation of responsibility for education at school between LEA and funding authority
27. Responsibility for providing sufficient school places.

Chapter VI Supplemental

Allocation of functions
28. Resolution of disputes as to allocation of functions.

Provision of information

29. Provision of information by local education authorities.
30. Provision of information by funding authorities.

Part II Schools maintained by local education authorities

Chapter I Preliminary

31. County schools and voluntary schools.
32. Categories of voluntary schools: controlled, aided and special agreement schools.
33. Maintained nursery schools and maintained special schools.
34. Meaning of “maintain” etc.

Chapter II Establishment, alteration etc. of county and voluntary schools

County schools: establishment, alteration or change of site

35. County school: proposals for establishment, alteration or new site.
36. Objections to proposals under section 35.
37. Approval or rejection by Secretary of State of proposals under section 35.
38. Determination by LEA whether to implement proposals under section 35.
39. Approval of school premises.
40. Implementation of proposals under section 35, etc.

Voluntary schools: establishment, alteration or change of site

41. Voluntary school: proposals for establishment, alteration or new site.
42. Objections to proposals under section 41.
43. Approval or rejection by Secretary of State of proposals under section 41.
44. Approval of school premises.
45. Implementation of proposals under section 41, etc.
46. Establishment of a new voluntary school in substitution for an old one.
47. Order authorising transfer of voluntary school to new site.

Status of new voluntary school
48. Order that school is to be controlled or aided school.

Proposals for a middle school
49. Proposals under section 35 or 41 for a middle school.

Division of a single school into two or more schools

50. Division of a county school.
51. Division of a voluntary school.

Change of status from controlled school to aided school

52. Proposals for changing a controlled school to an aided school.
53. Objections to proposals.
54. Order by Secretary of State.
55. Variation of order under section 54.
56. Compensation payable by governing body to local education authority.

Change of status from aided or special agreement school to controlled or aided school

57. Change to controlled school where governing body unable or unwilling to carry out financial obligations.
58. Change to controlled or aided school on repayment of grant under special agreement.

Chapter III Funding of voluntary schools

Obligations of governing bodies
59. Obligations of governing bodies of voluntary schools.

Obligations of LEAs as regards new sites and buildings

60. Obligation of LEAs to provide new sites and buildings for controlled schools.
61. Obligation of LEAs to provide new sites for aided and special agreement schools.
62. Provisions supplementary to sections 60 and 61.

Financial assistance for controlled schools

63. Payment by LEA of expenses of establishing controlled school.
64. Payment by LEA of expenses of enlarging controlled school.

Financial assistance by Secretary of State for aided and special agreement schools

65. Grants in respect of expenditure on premises or equipment.
66. Grants in respect of preliminary expenditure.
67. Loans in respect of initial expenses.

Assistance by LEAs for governing bodies of aided and special agreement schools
68. Assistance in respect of maintenance and other obligations of governing body.

Assistance by LEAs for promoters of new voluntary schools
69. Assistance for promoters of new voluntary school.

Miscellaneous and supplemental

70. Duty to convey interest in premises provided under section 68 or 69.
71. Powers of Secretary of State where LEA make default in maintaining voluntary school.
72. Endowments for maintenance of voluntary schools.
73. Sums paid for letting or hiring of premises of voluntary schools.
74. Execution by LEA of certain works in case of controlled schools.
75. Disapplication of restriction on local authority disposals.

Chapter IV Government of county, voluntary and maintained special schools

Instruments of government

76. Instruments of government.
77. Procedure for making and altering instruments of government.

Categories of governor
78. Categories of governor.

Governing bodies of county, controlled and maintained special schools

79. Constitution of the governing body of a county, controlled or maintained special school.
80. Appointment of representative governors in place of co-opted governors.
81. Appointment of parent governors by governing bodies.
82. Review of the constitution of governing bodies.
83. Adjustment in number of governors.

Governing bodies of aided and special agreement schools

84. Constitution of the governing body of an aided or special agreement school.
85. Sponsor governors for aided secondary schools.

Governing bodies: general

86. Instrument of government to reflect current circumstances of school.
87. Effect of change in circumstances of school.
88. Incorporation, membership and proceedings etc. of governing bodies.

Grouping of schools under a single governing body

89. Grouping of schools under a single governing body.
90. Consent of Secretary of State as to grouping.
91. Consent of, or consultation with, governing body as to grouping.
92. Procedure for making or altering the instrument of government for a group.
93. Election of parent and teacher governors for a group.
94. Review of grouping.
95. Termination of grouping.

Government of new schools

96. Temporary governing bodies for new county or maintained special schools.
97. Temporary governing bodies for new voluntary schools.
98. Constitution, membership and proceedings etc. of temporary governing bodies.
99. Transition from temporary governing body to governing body constituted under an instrument of government.

Grouping of new schools
100. Grouping of new schools.

Chapter V

Chapter VI Conduct and staffing of county, voluntary and maintained special schools

Articles of government

127. Articles of government.
128. Procedure for making and altering articles of government.
129. Overriding, and amendment, of articles where school has a delegated budget.

Conduct of schools: general

130. Governing body to have general responsibility for conduct of school.
131. Consultation with governing body not required in urgent cases.
132. Separate departments of school to be treated as separate schools.

Staffing of schools without delegated budgets

133. Staffing of county, controlled, special agreement and maintained special schools without delegated budgets.
134. Staffing of aided schools without delegated budgets.
135. Appointment etc. of clerk to governing body of school other than aided school.

Staffing of schools with delegated budgets

136. Staffing of county, controlled and special agreement schools with delegated budgets.
137. Staffing of aided schools with delegated budgets.
138. Staffing of aided schools with delegated budgets: advisory rights of chief education officer.
139. Staffing of schools with delegated budgets: payments in respect of dismissal, etc.
140. Staffing for non-school activities in community schools.
141. Amendment of articles of government relating to staffing.
142. Application of provisions to maintained special schools.

Appointment and dismissal of teachers of religious education

143. Appointment etc. of reserved teachers in controlled schools.
144. Appointment etc. of reserved teachers in special agreement schools.
145. Dismissal of teachers of religious education in aided schools.

Religious opinions of staff etc.
146. Religious opinions of staff etc.

School terms, holidays and sessions

147. Responsibility for determining dates of terms and holidays and times of sessions.
148. Procedure for changing times of sessions at a county, controlled or maintained special school.

Control of school premises

149. County and maintained special schools: control of use of premises outside school hours.
150. Voluntary schools: control of use of premises.
151. Voluntary schools: transfer of control agreements.
152. Voluntary schools: use of premises outside school hours.

Instruction or training outside school premises
153. Instruction or training outside school premises.

Discipline: general

154. Responsibility of governing body and head teacher for discipline.
155. LEA’s reserve power to prevent a breakdown of discipline.
156. Power of head teacher to exclude pupils.
157. Exclusion of pupils: duty to inform parents etc.
158. Reinstatement of excluded pupils.
159. Appeals against exclusion or reinstatement of pupils.
160. Additional provision for appeals against exclusion of pupils.

Reports, meetings and information

161. Governors’ annual reports.
162. Annual parents’ meetings.
163. No annual parents’ meeting required in case of certain special and boarding schools.
164. Governors’ reports and annual parents’ meetings for grouped schools.
165. Provision of information by governing body and head teacher.

New schools
166. Conduct and staffing of new schools.

Chapter VII Discontinuance of local education authority schools

Procedure for discontinuance of county, voluntary or maintained nursery school by local education authority

167. Proposals for discontinuance of a county, voluntary or nursery school.
168. Objections to proposals.
169. Approval or rejection by Secretary of State of proposals under section 167.
170. Determination by local education authority whether to implement proposals.
171. Duty to implement proposals.
172. Restriction on taking steps before sections 167 and 169 have been complied with.

Discontinuance of voluntary school by governing body

173. Discontinuance of a voluntary school by its governing body.
174. Conduct by local education authority of a voluntary school which is subject to notice of discontinuance.
175. Discontinuance of voluntary school in consequence of proposal to establish a further education corporation.

Chapter VIII Miscellaneous and supplementary provisions

Further education
176. Provision of further education.

Teacher training
177. Provision of courses of initial teacher training.

Modification of employment law
178. Application of employment law during financial delegation.

Modification of trust deeds and other instruments

179. Variation of trust deeds etc. by order.
180. Modification of provisions whereby governors of voluntary schools are ex officio trustees.

Interpretation of Part II

181. Meaning of expressions relating to new schools.
182. Meaning of “governing body” and “governor” in Chapters IV to VI.

Part III Grant-maintained schools

Chapter I Preliminary
183.“Grant-maintained schools”.

Chapter II Procedure for acquisition of grant-maintained status

Eligibility

184. Schools eligible for grant-maintained status.
185. Duty of governing body to consider ballot on grant-maintained status.

Initiation of procedure

186. Initiation of procedure by governing body.
187. Initiation of procedure by parents.

Information
188. Information as to parents of registered pupils.

Ballot of parents

189. Ballot of parents.
190. Persons eligible to vote in ballot.
191. Second ballot to be held if insufficient votes cast.
192. Power to declare ballot void for irregularity.
193. Publication of proposals.

Approval and implementation of proposals

194. Withdrawal, approval or rejection of proposals.
195. Incorporation of governing body.
196. Exercise of powers before proposed date of implementation.

Expenses in connection with proposals
197. Expenses in connection with proposals for acquisition of grant-maintained status.

Alteration of county school proposed for grant-maintained status

198. Proposals by governing body for alteration of county school proposed for grant-maintained status.
199. Approval or rejection by Secretary of State of proposals under section 198.

Supplementary
200. Chapter II: interpretation, etc.

Chapter III Property, staff and contracts

Transfer of property and staff, etc.

201. Transfer of property etc.
202. Transfer of staff.

Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.

203.“Pending” procedure for acquisition of grant-maintained status.
204. Control of disposals of land.
205. Wrongful disposals of land.
206. Control of contracts.
207. Wrongful contracts.
208. Restriction on change of purpose for which property used or held.
209. Restriction on staff changes.

Supplementary
210. Supplementary provisions about transfers.

Chapter IV Establishing new grant-maintained schools

Proposals for establishment of new grant-maintained school

211. Proposals by funding authority.
212. Proposals by promoters.
213. Provisions supplementary to sections 211 and 212.

Approval and implementation of proposals

214. Approval, adoption or rejection of proposals.
215. Implementation of proposals.
216. Exercise of powers before proposed date of implementation, and payment of grant.

Supplementary
217. Chapter IV: interpretation.

Chapter V Government, conduct etc. of grant-maintained schools

The governing instruments

218. Constitution of governing body and conduct of school.
219. Initial instruments and articles of government.
220. Subsequent instruments of government.
221. Subsequent articles of government.

Governors

222. Categories of governors.
223. Parent governors.
224. Teacher governors.
225. Head teacher.
226. First governors.
227. Power of the Secretary of State to replace first governors.
228. Foundation governors.
229. Sponsor governors.
230. Additional governors.

Powers

231. Powers of governing body.
232. Joint schemes.
233. Making and varying joint schemes.

Schools acquiring grant-maintained status: determination etc. of initial governors

234. Determination of initial parent and teacher governors.
235. Section 234: supplementary provisions.
236. Determination of initial first or foundation governors.
237. Replacement of proposed initial parent and teacher governors before incorporation.
238. Replacement of proposed initial first or foundation governors before incorporation.
239. Elections and appointments required for determining initial governors of an elected category: supplementary provisions.
240. Initial sponsor governors.

New grant-maintained schools: determination etc. of initial governors
241. Initial governors for new grant-maintained schools.

General and supplementary

242. Saving for defects in selection or nomination.
243. Chapter V: interpretation.

Chapter VI Funding of grant-maintained schools

Grants: general

244. Maintenance grants.
245. Special purpose grants.
246. Capital grants.
247. Imposition of requirements on governing body in receipt of grant.
248. Grants: further provisions.

Grants: Wales (until establishment of the SFCW)

249. Application of sections 250 to 254.
250. Maintenance grants.
251. Special purpose grants.
252. Capital grants.
253. Imposition of requirements on governing body in receipt of grant.
254. Grants: further provisions.

Loans
255. Loans to governing bodies.

Recovery from local funds

256. Recovery from local funds of sums in respect of maintenance grant.
257. Determination of total amount recoverable under section 256.
258. Provisions consequential on section 256.

Chapter VII Alteration etc. of grant-maintained schools

259. Proposals for change of character etc. by governing body.
260. Proposals for change of character etc. by funding authority.
261. Approval, adoption or rejection of proposals.
262. Approval of school premises.
263. Implementation of proposals, etc.
264. Power to transfer functions under preceding provisions etc.
265. Proposals for change of character approved before school becomes grant-maintained.
266. Chapter VII: interpretation.

Chapter VIII Discontinuance of grant-maintained schools

Proposals for discontinuance

267. Proposals by governing body for discontinuance.
268. Proposals by funding authority for discontinuance.
269. Approval, adoption or rejection of proposals.
270. Implementation of proposals.
271. Power to transfer functions under preceding provisions.

Withdrawal of grant

272. Withdrawal of grant where school is unsuitable to continue as grant-maintained school.
273. Withdrawal or variation of notice under section 272.

Winding up and disposal of property

274. Power to provide by order for winding-up and disposal of property.
275. Winding up.
276. Grants to governing body in liquidation.
277. Disposal of school property.
278. Disposal of school property: supplementary.
279. Surplus money and investments.

Chapter IX Groups of grant-maintained schools

280. Nature of group.
281. Instruments and articles of government for group.
282. Parent governors.
283. Teacher governors.
284. Head teacher governors.
285. Core governors.
286. Power of the Secretary of State to replace core governors.
287. Additional governors.
288. Powers.
289. Application of maintenance grants in the case of groups.
290. School acquiring grant-maintained status as a member of a group, etc.

Chapter X General and Miscellaneous

Middle schools
291. Grant-maintained middle schools.

Nursery education
292. Nursery education in grant-maintained schools.

Further education
293. Provision of further education in grant-maintained schools.

Teacher training
294. Provision of courses of initial teacher training.

Provision of benefits and services by local education authority
295. Provision of benefits and services for pupils etc. by local education authority.

Transfer and disposal of premises

296. Transfer of premises to trustees.
297. Disposal of premises on transfer of school to new site.
298. Disposal of premises transferred under section 201.
299. Disposal of premises held by trustees.
300. Disposal of premises provided, etc. by the funding authority.
301. Interpretation of sections 296 to 300.

Modification of instruments

302. Variation of trust deeds etc. by order.
303. Modification of instruments relating to land held for purposes of voluntary schools.

Religious opinions etc. of staff

304. Former county schools and certain schools established as grant-maintained schools.
305. Former voluntary schools and certain schools established as grant-maintained schools.
306. Changes in religious character of schools.

Discipline
306A.Responsibility of governing body and head teacher for discipline.

Exclusion of pupils

307. Restrictions on power to exclude pupils.
307A.Exclusion appeals.

Appeal committees
308. Duties of governing body in relation to appeal committees.

Supplementary

309. Manner of giving notification to governing body.
310. Inspection of accounts and reports to Parliament.

Interpretation
311. Interpretation of Part III.

Part IV Special educational needs

Chapter I Children with special educational needs

Introductory
312. Meaning of “special educational needs” and “special educational provision” etc.

Code of Practice

313. Code of Practice.
314. Making and approval of code.

Special educational provision: general

315. Review of arrangements.
316. Duty to educate children with special educational needs in mainstream schools
316A. Education otherwise than in mainstream schools
317. Duties of governing body or LEA in relation to pupils with special educational needs.
317A. Duty to inform parent where special educational provision made
318. Provision of goods and services in connection with special educational needs.
319. Special educational provision otherwise than in schools.
320. Provision outside England and Wales for certain children.

Identification and assessment of children with special educational needs

321. General duty of local education authority towards children for whom they are responsible.
322. Duty of Health Authority or local authority to help local education authority.
323. Assessment of educational needs.
324. Statement of special educational needs.
325. Appeal against decision not to make statement.
326. Appeal against contents of statement.
326A. Unopposed appeals
327. Access for local education authority to certain schools.
328. Reviews of educational needs.
329. Assessment of educational needs at request of child’s parent.
329A. Review or assessment of educational needs at request of responsible body
330. Assessment of educational needs at request of governing body of grant-maintained school.
331. Assessment of educational needs of children under two.
332. Duty of Health Authority or National Health Service trust to notify parent etc.

General duties of local education authorities

332A. Advice and information for parents
332B. Resolution of disputes

Special Educational Needs Tribunal

333. Constitution of Tribunal.
334. The President and members of the panels.
335. Remuneration and expenses.
336. Tribunal procedure.
336ZA. Special Educational Needs Tribunal for Wales
336A. Compliance with orders

Chapter II Schools providing for special educational needs

Special schools
337. Special schools.

Establishment etc. of special schools

338. Power of funding authority to establish grant-maintained special school.
339. Establishment, etc. of maintained or grant-maintained special schools.
340. Procedure for dealing with proposals.
341. Approval of premises of maintained or grant-maintained special schools.

Approval of non-maintained special schools

342. Approval of non-maintained special schools.
343.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government etc. of special schools
344. Government etc. of special schools.

Maintained special school becoming grant-maintained
345. Maintained special school becoming grant-maintained special school.

Grouping of grant-maintained special schools
346. Groups including grant-maintained special schools.

Independent schools providing special education

347. Approval of independent schools.
348. Provision of special education at non-maintained schools.

Variation of deeds
349. Variation of trust deeds etc. by order.

Part V The Curriculum

Chapter I Preliminary

350. Meaning of “maintained school” etc. in Part V.
351. General duties in respect of the curriculum.
352. Basic curriculum for every maintained school.

Chapter II Secular education

The National Curriculum: general

353. The National Curriculum.
354. The core subjects and other foundation subjects.
355. The key stages.
356. Establishment of the National Curriculum by order.
357. Implementation of the National Curriculum in schools.

The School Curriculum and Assessment Authority

358. The School Curriculum and Assessment Authority.
359. Functions.

The Curriculum and Assessment Authority for Wales

360. The Curriculum and Assessment Authority for Wales.
361. Functions.

The National Curriculum: special cases

362. Development work and experiments.
363. Exceptions by regulations.
364. Pupils with statements of special educational needs.
365. Temporary exceptions for individual pupils.
366. Information concerning directions under section 365.
367. Appeals against directions under section 365 etc.

The National Curriculum: supplementary provisions

368. Procedure for making certain orders and regulations.
369. Programmes of research etc. in relation to Wales.

General functions of LEA, governing body and head teacher in relation to curriculum

370. Duty of local education authority to state policy.
371. Functions of governing body: county, controlled and maintained special schools.
372. Functions of head teacher: county, controlled and maintained special schools.
373. Functions of governing body and head teacher: aided and special agreement schools.
374. Functions of governing body and head teacher: grant-maintained schools.

Chapter III Religious education and worship

Agreed syllabuses
375. Agreed syllabuses of religious education.

Required provision for religious education

376. Religious education: county schools.
377. Religious education: controlled schools.
378. Religious education: aided and special agreement schools.
379. Religious education: grant-maintained schools (former county schools and certain new schools).
380. Religious education: grant-maintained schools (former controlled schools).
381. Religious education: grant-maintained schools (former aided or special agreement schools and certain new schools).
382. Meaning of “the appropriate agreed syllabus” in sections 379 and 380.
383. Changes in religious education and worship.
384. Duty to secure religious education is given in accordance with required provision in curriculum.

Religious worship

385. Collective worship.
386. Collective worship in county schools and certain grant-maintained schools to be broadly Christian.
387. Disapplication of requirement for Christian collective worship.
388. Duty to secure participation in collective worship.

Exceptions and special arrangements
389. Exceptions and special arrangements.

Constitution of standing advisory councils on religious education

390. Constitution of advisory councils.
391. Functions of advisory councils.
392. Advisory councils: supplementary provisions.
393. Duty to constitute new standing advisory council.

Determinations by standing advisory councils

394. Determination of cases in which requirement for Christian collective worship is not to apply.
395. Review of determinations under section 394.
396. Power of Secretary of State to direct advisory council to revoke determination or discharge duty.

Access to meetings and documents
397. Religious education: access to meetings and documents.

Miscellaneous

398. No requirement of attendance at Sunday school etc.
399. Determination of question whether religious education in accordance with trust deed.

Chapter IV Miscellaneous and supplementary provisions

Courses leading to external qualifications

400. Courses leading to external qualifications.
401. Power to extend section 400 to senior pupils and FE students.

Obligation to enter pupils for public examinations
402. Obligation to enter pupils for public examinations.

Sex education

403. Sex education: manner of provision.
404. Sex education: statements of policy.
405. Exemption from sex education.

Politics

406. Political indoctrination.
407. Duty to secure balanced treatment of political issues.

Information
408. Provision of information.

Complaints and enforcement
409.Complaints and enforcement: maintained schools.

Nursery education
410. Application of Part V in relation to nursery education.

Part VI School admissions, attendance and charges

Chapter I Admission, registration and withdrawal of pupils

Parental preferences

411. Parental preferences.
411A.No requirement to admit children permanently excluded from two or more schools.

Admission arrangements for county and voluntary schools

412. Consultation as to admission arrangements.
413. Admission arrangements to preserve character of aided or special agreement school.
413A. Admission arrangements may provide for home-school partnership documents.
413B. Effect of home-school partnership document.
414. Information as to schools and admission arrangements.

Admission numbers for county and voluntary schools

415. Meaning of “the admission authority”.
416. Fixing admission numbers.
417. Standard numbers for admissions to secondary schools.
418. Standard numbers for admissions to primary schools.
419. Special provisions supplementary to section 418.
420. Variation of standard numbers.
421. Review of standard numbers.
421A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New county and voluntary schools
422. Admission of pupils to new schools.

Admissions appeals relating to county and voluntary schools

423. Appeal arrangements.
423A.Appeals relating to children to whom section 411A(2) applies.

Nursery and special schools, etc.
424. Admission of pupils to nursery schools and special schools, etc.

Admission arrangements for grant-maintained schools

425. Admission arrangements and information about them.
425A.Restrictions on admissions to grant-maintained schools.
425B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission numbers for grant-maintained schools

426. Minimum number for admission.
426A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
427. Alteration of minimum number by Secretary of State.
428. Alteration of minimum number by funding authority.

Admissions appeals relating to grant-maintained schools
429. Appeal arrangements.

Co-ordinated arrangements for admissions
430. Co-ordinated arrangements for admissions.

Power to direct admission of child to school

431. Direction to admit child to specified school.
432. Procedure for giving direction under section 431.

Time for admission of pupils
433. Time for admission of pupils.

Registration of pupils
434. Registration of pupils.

Withdrawal of pupils from primary school for secondary education
435. Withdrawal of pupils from a primary school for secondary education.

Supplementary
436. Effect of admission for nursery education.

Chapter II School attendance

School attendance orders

437. School attendance orders.
438. Choice of school: child without statement of special educational needs.
439. Specification of schools in notices under section 438(2).
440. Amendment of order at request of parent: child without statement of special educational needs.
441. Choice of school: child with statement of special educational needs.
442. Revocation of order at request of parent.

School attendance: offences and education supervision orders

443. Offence: failure to comply with school attendance order.
444. Offence: failure to secure regular attendance at school of registered pupil.
445. Presumption of age.
446. Institution of proceedings.
447. Education supervision orders.

Exemption
448. Exemption where child becomes five during term.

Chapter III Charges in connection with education at maintained schools

Preliminary
449. Meaning of “maintained school” in Chapter III.

Prohibition of charges

450. Prohibition of charges for admission.
451. Prohibition of charges for provision of education.
452. Application of section 451 where education is provided partly during and partly outside school hours etc.
453. Examinations: prohibition of charges and recovery of wasted fees.
454. Prohibition of incidental charges.

Permitted charges

455. Permitted charges.
456. Regulation of permitted charges.
457. Charges and remissions policies.
458. Charges for board and lodging at boarding schools.

Supplementary

459. Provision of information.
460. Contributions and charges unaffected by Chapter III.
461. Recovery of sums as civil debt.
462. Interpretation of Chapter III.

Part VII Independent Schools

Chapter I Preliminary
463. Meaning of “independent school”.

Chapter II Registration of independent schools

Registration

464. Separate registration for England and for Wales.
465. Provisional and final registration of a school.
466. Enforcement of registration: offences.
467. Provision of information about registered and provisionally registered schools.
468. School may be struck off for contravention of regulations about employment of teachers.

Complaints about registered and provisionally registered schools

469. Notice of complaint by Secretary of State.
470. Determination of complaint by an Independent Schools Tribunal.
471. Determination of complaint by Secretary of State.
472. Effect of personal disqualification.
473. Enforcement of disqualification.
473A. Removal of disqualification: persons no longer unsuitable to work with children.
473B. Conditions for application under section 473A.
474.Removal of disqualification: other cases.
475. Duty of Registrar to comply with order for the deletion of a school from the register.

Independent Schools Tribunals
476. Constitution and proceedings of Independent Schools Tribunals.

Supplementary

477. Disqualification in Scotland.
478. Offences: institution of proceedings and punishment.

Chapter III Assisted places at independent schools

479. The assisted places scheme.
480. Assisted places: further provision by regulations.
481. Incidental expenses of pupils holding assisted places.

Chapter IV City colleges

482. Academies
483. City colleges: financial provisions.
483A. City colleges and academies: special educational needs.

Part VIII Grants and other financial matters

Grants

484.Education standards grants.
485. Grants in aid of educational services or research.
486. Grants to bodies whose objects are promotion of learning or research.
487. Grants for education in Welsh.
488. Grants for education of travellers and displaced persons.
489. Conditions as to payment of grants under sections 484 to 488.
490. Grants in respect of special provision for ethnic minorities.

Payment of fees etc.
491. Payment of school fees and expenses.

Recoupment

492. Recoupment: adjustment between local education authorities.
493. Recoupment: cross-border provisions.
494. Recoupment: excluded pupils.

Part IX Ancillary functions

Chapter I Ancillary functions of Secretary of State

General functions

495. Determination of disputes.
496. Power to prevent unreasonable exercise of functions.
497. General default powers.
497A. Power to secure proper performance of LEA’s functions.
497AA. Power to secure proper performance: duty of authority where directions contemplated
497B. Power to secure proper performance: further provisions.

Appointment of governors, etc.
498. Powers where no properly constituted governing body.

Membership of education committees
499. Power to direct appointment of members of education committees.

Rationalisation of school places

500. Directions to bring forward proposals to remedy excessive provision.
501. Directions to bring forward proposals for additional provision in maintained schools.
502. Publication of proposals by Secretary of State.
503. Public inquiry into proposals.
504. Adoption of proposals and approval of related proposals.
505. Supplementary provisions.

Medical examinations
506. Power to require medical examination of pupils.

Local inquiries
507. Power to direct local inquiries.

Chapter II Ancillary functions of local education authorities

Provision of services

508. Functions in respect of facilities for recreation and social and physical training.
509. Provision of transport etc.
509AA. Provision of transport etc. for persons of sixth form age
509AB. Further provision about transport policy statements
509AC. Interpretation of sections 509AA and 509AB
509A. Travel arrangements for children receiving nursery education otherwise than at school.
510. Provision of clothing.
511. Provisions supplementary to section 510.
512. LEA functions concerning provision of meals, etc.
512ZA. Duty to charge for meals etc.
512ZB. Provision of free school lunches and milk
512A. Transfer of functions under section 512 to governing bodies.
513. Provision of meals etc. at schools not maintained by local education authorities.
514. Provision of board and lodging otherwise than at school.
515. Provision of teaching services for day nurseries.
516. Supply by LEA of goods and services to grant-maintained and grant-maintained special schools.

Payment of fees

517. Payment of fees at schools not maintained by a local education authority.
518. Payment of school expenses; grant of scholarships, etc.

Allowances for governors
519. Travelling and subsistence allowances for governors of schools and further or higher education institutions.

Medical arrangements
520. Medical inspection and treatment of pupils.

Cleanliness of pupils

521. Examination of pupils for cleanliness.
522. Compulsory cleansing of a pupil.
523. Arrangements for cleansing of pupils.
524.Suspension of a pupil pending examination or cleansing.
525. Offence of neglecting the cleanliness of a pupil.

Educational research and conferences

526. Powers as to educational research.
527. Powers as to educational conferences.

Plans relating to children with behavioural difficulties
527A. Duty of LEA to prepare plan relating to children with behavioural difficulties.

Disability statements relating to further education
528. Duty of LEA to publish disability statements relating to further education.

Acquisition and holding of property

529. Power to accept gifts on trust for educational purposes.
530. Compulsory purchase of land.
531. Acquisition of land by agreement.

Appointment of chief education officer
532. Appointment of chief education officer.

Chapter III Ancillary functions of governing bodies

Provision of services

533. Duties of governing bodies of maintained schools with respect to provision of school meals etc.
534. Duties of governing bodies of grant-maintained schools with respect to provision of school meals etc.
535. Provision of teaching services for day nurseries.

Medical arrangements
536. Medical inspection and treatment of pupils at grant-maintained schools.

Chapter IV Provision of information by governing bodies etc.

537. Power of Secretary of State to require information from governing bodies etc.
537A. Provision of information about individual pupils.
538. Provision of information to Secretary of State by governing bodies of maintained schools.
539. Provision of information by governing body of grant-maintained schools.
540. Distribution of information about schools providing secondary education.
541. Distribution of information about further education institutions.

Part X Miscellaneous and general

Chapter I Educational premises

Required standards for educational premises

542. Prescribed standards for school premises.
543. Relaxation of prescribed standards in special cases.
544. Approval etc. of school premises and boarding hostels.
545. Exemption from building byelaws of approved buildings.

Control of potentially harmful materials and apparatus
546. Control of potentially harmful materials and apparatus in schools.

Nuisance or disturbance on school premises
547. Nuisance or disturbance on school premises.

Chapter II PUNISHMENT AND RESTRAINT OF PUPILS

Corporal punishment

548. No right to give corporal punishment.
549. Interpretation of section 548.
550.No avoidance of section 548 by refusing admission to school etc.

Power to restrain pupils
550A. Power of members of staff to restrain pupils.

Detention
550B. Detention outside school hours lawful despite absence of parental consent.

Chapter III Other provisions about schools

Duration of school day etc.
551. Regulations as to duration of school day etc.

Single-sex schools
552. Transitional exemption orders for purposes of Sex Discrimination Act 1975.

Educational trusts
553. Schemes under the Endowed Schools Acts.

Religious educational trusts

554. Power to make new provision as to use of endowments.
555. Procedure applicable to orders under section 554.
556. Content of orders under section 554.
557. Adoption of statutory trusts.

Chapter IV Employment of children and young persons

558. Meaning of “child” for purposes of enactments relating to employment of children or young persons.
559. Power of local education authorities to prohibit or restrict employment of children.
560. Work experience in last year of compulsory schooling.

Chapter V Persons not covered by Act

561. Act not to apply to persons in service of the Crown.
562. Act not to apply to persons detained under order of a court.

Chapter VI General

Documents and evidence

563. Educational records.
564. Certificates of birth and registrars’ returns.
565. Evidence: presumption as to age.
566. Evidence: documents.

Stamp duty
567. Stamp duty.

Orders, regulations and directions

568. Orders.
569. Regulations.
570. Revocation and variation of certain orders and directions.

Guidance
571. Publication of guidance.

Service of documents
572. Service of notices and other documents.

Construction

573. Meaning of expressions relating to alteration etc. of premises or character of schools.
574. Changes to school not amounting to discontinuance etc.
575. Meaning, for certain purposes, of expressions relating to employment.
576. Meaning of “parent”.
577. Minor authorities.
578. Meaning of “the Education Acts”.
579. General interpretation.
580. Index.

Final provisions

581. Application to Isles of Scilly.
582. Consequential amendments, repeals, transitional provisions etc.
583. Short title, commencement and extent.

SCHEDULES

SCHEDULE 1
Pupil referral units

General adaptations of enactments

1.References in any enactment to the proprietor or governing body...
2.References in any enactment to the head teacher of a...

Modifications of enactments by regulations
3.Regulations may provide for any enactments relating to schools maintained...

Registration
4.(1) A person who is registered as a pupil at...

Application of Local Government Act 1986
5.A pupil referral unit is a maintained school for the...

Curriculum
6.(1) In relation to every pupil referral unit, the local...

Discipline
7.The teacher in charge of a pupil referral unit may...

Sex education, political indoctrination and political issues
8.Sections 403, 406 and 407 (sex education, political indoctrination, and...

Charges
9.(1) Chapter III of Part VI applies in relation to...

Application of Environmental Protection Act 1990
10.A pupil referral unit is an educational institution for the...

Information
11.Each local education authority shall— (a) on such occasions, and...

Disapplication of Schedule 4
12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children with special educational needs
13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School attendance orders
14.(1) Where a pupil referral unit is named in a...

Management committees
15.(1) Regulations may make provision— (a) for requiring any local...

SCHEDULE 2

Status
1.A funding authority shall not be regarded as the servant...

Powers

2.(1) Subject to sub-paragraph (2) below, a funding authority may...
3.(1) The Secretary of State may authorise a funding authority...

Tenure of members

4.(1) A person shall hold and vacate office as a...
5.If the Secretary of State is satisfied that a member...

Salaries, allowances and pensions
6.(1) A funding authority— (a) shall pay to their members...

Staff
7.(1) A funding authority may, with the approval of the...

Chief officer
8.(1) One of the employees of a funding authority shall...

Superannuation of employees
9.(1) Employment with a funding authority shall continue to be...

Committees
10.(1) A funding authority may establish a committee for any...

Delegation of functions
11.A funding authority may authorise the chairman, the chief officer...

Proceedings

12.Without prejudice to any other rights the Secretary of State...
13.The validity of any proceedings of a funding authority or...
14.Subject to the preceding provisions of this Schedule, a funding...

Accounts
15.(1) A funding authority shall— (a) keep proper accounts and...

Application of seal and proof of instruments

16.The application of the seal of a funding authority shall...
17.Any document purporting to be an instrument made or issued...

SCHEDULE 3

Functions relating to grant-maintained schools
1.(1) The Secretary of State may by order provide for...

Functions under agreements relating to CTCs and CCTAs
2.(1) The Secretary of State may by order provide—

Functions in respect of grants for certain expenditure due to ethnic minority population
3.(1) The Secretary of State may by order impose on...

SCHEDULE 4

Part I Introductory
1.(1) Where an order under section 27 is in force,...

Part II Functions where responsibility for providing sufficient school places is shared

Introductory
2.If an order under section 27(1)(a) applies to the area...

Responsibility for providing sufficient school places
3.(1) If the schools providing relevant education which are available...

Part III Functions where responsibility for providing sufficient school places is transferred

Introductory
4.If an order under section 27(1)(b) applies to the area...

Responsibility for providing sufficient school places

5.(1) The duty under section 14(1) shall be discharged by...
6.(1) The local education authority may continue to secure the...

Powers to establish, maintain and alter schools

7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges for board and lodging or independent education

9.(1) Sub-paragraph (3) below applies where— (a) any pupil of...
10.(1) This paragraph applies where any pupil ordinarily resident in...
11.(1) Where a pupil in the area for whom a...
12.(1) Where a pupil in the area for whom a...

General

13.(1) The following provisions shall not apply—
14.(1) Section 438 shall have effect as if for subsection...

Part IV Functions where responsibility either shared or transferred

Introductory
15.If an order under section 27(1)(a) or (b) applies to...

Responsibility for providing sufficient school places

16.In relation to any power under section 211 to publish...
17.(1) Where relevant education is only primary education—
18.The funding authority shall not by virtue of paragraph 3...

Boarding schools
19.The powers of the funding authority to publish proposals under...

Other modifications of this Act

20.Section 259 shall have effect as if the funding authority...
21.Section 267 shall have effect as if—
22.Section 272 shall have effect as if—
23.Section 426(4) shall have effect as if the reference to...

SCHEDULE 5

Preservation of special agreements
1.Any special agreement in force immediately before the commencement of...

Variation of special agreements
2.(1) A special agreement may be varied by a further...

The grant requirements
3.(1) A special agreement shall provide for the making of...

Religious education
4.(1) A special agreement may provide— (a) for the giving...

Repayment of grants
5.Any grant made in respect of a school in pursuance...

Modification of obligations with respect to repairs and alterations
6.Where a special agreement is in force in relation to...

SCHEDULE 6

1.In connection with proposals by a local education authority under...
2.Such an agreement shall not take effect unless it has...
3.The Secretary of State shall not approve such an agreement...
4.Before approving an agreement under this Schedule, the Secretary of...
5.An agreement under this Schedule— (a) may provide for the...
6.Where an agreement under this Schedule has been approved by...
7.Where a person other than the governing body has a...
8.In this Schedule “premises” includes a teacher’s dwelling-house.

SCHEDULE 7

Name and seal of incorporated body
1.(1) A governing body incorporated under section 88(1) shall be...

Powers of incorporated body
2.(1) A governing body incorporated under section 88(1) may do...

Property, rights and liabilities

3.On the incorporation under section 88(1) of a governing body...
4.On the incorporation under section 88(1) of a governing body...

Contracts of employment
5.Without prejudice to the generality of paragraphs 3 and 4,...

Dissolution and discontinuance

6.(1) A governing body incorporated under section 88(1) are dissolved...
7.(1) Where such a governing body are to be dissolved...
8.(1) This paragraph applies where such a governing body dissolved...
9.(1) This paragraph applies in relation to the governing body...
10.For the purposes of this Schedule, references to the discontinuance...

Supplementary provisions about transfers

11.Where a transfer under this Schedule relates to registered land,...
12.Paragraphs 6 to 8 of Schedule 1.0 to the Education...

SCHEDULE 8

Introductory
1.In this Schedule, except where a school of a particular...

Co-option or other appointment of governors

2.(1) Subject to sub-paragraph (2), where the instrument of government...
3.If— (a) the instrument of government for a school provides...
4.The instrument of government for a voluntary school shall name...

Ex officio governors

5.If a school has more than one head teacher (whether...
6.The instrument of government for a voluntary school may provide...

Election of governors
7.(1) In this paragraph “the appropriate authority”—

Qualifications of governors and tenure of office

8.No person shall be qualified for membership of a governing...
9.No person shall at any time hold more than one...
10.(1) Regulations may make provision as to the circumstances in...
11.(1) The instrument of government for a county, controlled or...
12.Any governor of a school may at any time resign...
13.(1) Any governor of a school who was appointed otherwise...

Meetings and proceedings

14.The proceedings of a governing body of a school shall...
15.(1) Regulations may make provision (including provision modifying the effect...
16.(1) No decision of a kind mentioned in sub-paragraph (2)...

Information as to meetings and proceedings

17.The minutes of the proceedings of the governing body of...
18.(1) Regulations may require the governing body of a school...

Travelling and subsistence allowances
19.Section 519 makes provision for a local education authority to...

Information and training for governors
20.(1) The local education authority shall secure that every governor...

Conflict between instrument of government and regulations
21.Any provision made by an instrument of government by virtue...

SCHEDULE 9

Preliminary
1.In this Schedule— “arrangement” means an arrangement made under section...

Constitution of temporary governing bodies

2.(1) Subject to the following provisions of this Schedule, a...
3.(1) A local education authority shall not make an arrangement...

Appointment of temporary governors

4.The temporary parent governors of a new school shall, subject...
5.The temporary teacher governors of a new school shall, subject...
6.(1) Where— (a) two or more schools have been, or...
7.(1) No person shall be appointed under paragraph 4 or...
8.(1) Where any person, other than a prospective sponsor, appoints...
9.(1) Subject to sub-paragraph (2), where temporary governors are required...
10.If— (a) a temporary governor is to be appointed by...

Qualifications of temporary governors and tenure of office

11.No person shall be qualified for membership of a temporary...
12.(1) No person shall at any time hold more than...
13.Regulations may make provision as to the circumstances in which...
14.A member of a temporary governing body may at any...

Meetings and proceedings

15.(1) The proceedings of a temporary governing body shall not...
16.Regulations may make provision in relation to temporary governing bodies...
17.(1) Subject to sub-paragraph (2), the first meeting of a...

Information as to meetings and proceedings
18.The minutes of the proceedings of a temporary governing body...

Travelling and subsistence allowances.
19.Section 519 (allowances for governors) shall apply in relation to...

Expenses of temporary governing bodies
20.Where a temporary governing body are constituted for a new...

Information for temporary governing bodies
21.A local education authority shall secure that the temporary governing...

Powers of the Secretary of State
22.For the purposes of the following provisions—

SCHEDULE 10

Time limit for constitution of governing body
1.The local education authority shall secure that the governing body...

Status of temporary governing body pending constitution of governing body
2.Where the requirement for there to be an instrument of...

Role of temporary governing body as regards constitution of governing body

3.(1) Before making an order under section 76 as to...
4.(1) A temporary governing body shall recommend (with reasons) persons...

Initial constitution of governing body
5.(1) When the requirement for there to be an instrument...

Information about temporary governing body for successors
6.(1) Immediately before the arrangement under which a temporary governing...

SCHEDULE 11
Contents of statements under section 122(2) and section 124(1)

Part I Statements under section 122(2)

1.(1) This Part of this Schedule applies to any statement...
2.The statement shall contain the following particulars in respect of...
3.(1) The statement shall also contain, with respect to each...
4.The statement shall contain such further information in respect of...

Part II Statements under section 124(1)

5.(1) A statement prepared by a local education authority under...
6.(1) The statement shall also give, in relation to each...
7.The statement shall contain such further information in respect of...
8.Where only one school is required to be covered by...

SCHEDULE 12
Financial delegation and new schools

Preliminary
1.In this Schedule “temporary governing body” does not include a...

New county and voluntary schools

2.(1) For the purposes of applying (in accordance with this...
3.(1) A new school which will be a county or...
4.(1) Where a school required to be covered by a...
5.The delegation requirement under a scheme shall not apply in...
6.Section 110 shall have effect, in relation to a new...
7.Section 122(7) shall not apply in relation to the temporary...

New special schools

8.(1) Any reference— (a) in section 120, to maintained special...
9.Section 124(8) shall not apply in relation to the temporary...

Financial delegation apart from schemes
10.Section 125 shall not apply in relation to a new...

SCHEDULE 13
Staffing of county, controlled, special agreement and maintained special schools

The selection panel

1.(1) The articles of government for a county, controlled, special...
2.Regulations may make provision as to the meetings and proceedings...

Appointment of head teacher
3.(1) The articles of government for a county, controlled, special...

Appointment of deputy head teacher
4.(1) The articles of government for a county, controlled, special...

Appointment of other staff: general
5.(1) The articles of government for a county, controlled, special...

Appointment of other staff: vacancy advertised
6.(1) The articles of government for any school to which...

Appointment of other staff: vacancy not advertised
7.(1) The articles of government for any school to which...

Delegation of functions under paragraph 6 or 7
8.(1) The articles of government for any school to which...

Restriction on making appointment where vacancy advertised
9.Where a local education authority have advertised a vacancy in...

Consultation by LEA before appointing certain non-teaching staff
10.The articles of government for a county, controlled, special agreement...

Dismissal etc. of staff
11.(1) The articles of government for a county, controlled, special...

SCHEDULE 14

Introductory
1.(1) In this Schedule “the school” means a county, controlled...

Appointment of head teacher and deputy head teacher

2.Paragraphs 3 to 7 apply in relation to an appointment...
3.The governing body shall notify the local education authority of...
4.(1) Where the vacancy is in the post of head...
5.Before recommending a person for appointment as head teacher or...
6.(1) The governing body shall appoint a selection panel consisting...
7.(1) The local education authority shall appoint the person recommended...

Appointment of other teachers

8.Subject to paragraph 9, paragraphs 10 to 14 apply in...
9.(1) Paragraphs 10 to 14 do not apply in relation...
10.Before taking any of the steps mentioned below, the governing...
11.(1) The local education authority may nominate for consideration for...
12.(1) The governing body may advertise the vacancy at any...
13.(1) Where the governing body advertise the vacancy, they shall—...
14.(1) The local education authority shall appoint the person recommended...
15.The governing body may, in relation to the filling of...

Advice of chief education officer on appointments of teachers
16.(1) The chief education officer of the local education authority...

Advice of head teacher on appointments of teachers
17.Except in relation to the appointment of a head teacher—...

Appointment of non-teaching staff

18.(1) Where the governing body wish to appoint a person...
19.(1) The local education authority shall appoint a person recommended...

The clerk to the governing body
20.(1) Where there is a vacancy in the office of...

Discipline
21.(1) The regulation of conduct and discipline in relation to...

Suspension
22.(1) Both the governing body and the head teacher shall...

Dismissal, etc.

23.(1) Where the governing body determine— (a) that any person...
24.(1) Where paragraph 23(3) applies, no part of the costs...
25.(1) The governing body shall— (a) make arrangements for giving...
26.(1) The head teacher (except where he is the person...
27.(1) The local education authority shall not dismiss a person...

School meals staff
28.Nothing in paragraphs 18, 19 and 21 to 27 applies...

SCHEDULE 15

Part I County, controlled and maintained special schools

Preliminary
1.The articles of government for a county, controlled or maintained...

Reinstatement of permanently excluded pupils

2.(1) Where the local education authority have been informed of...
3.(1) The head teacher shall comply with any direction for...
4.Where the governing body direct the head teacher to reinstate...

Reinstatement of pupils excluded for a fixed period

5.(1) Where a pupil is excluded from the school for...
6.(1) Where the local education authority— (a) have been informed...
7.Where the governing body give any such direction as is...

Part II Aided and special agreement schools

Preliminary
8.The articles of government for an aided or a special...

Reinstatement of permanently excluded pupils

9.(1) Where the governing body have been informed of the...
10.The head teacher shall comply with any direction for the...

Reinstatement of pupils excluded for a fixed period

11.(1) Where a pupil is excluded from the school for...
12.(1) Before giving any such direction as is mentioned in...
13.Where the governing body give any such direction as is...

Part III General

Power to prescribe periods for the taking of any required steps
14.Regulations may provide that, where a local education authority or...

Meaning of “the relevant person”
15.In this Schedule “the relevant person” means—

SCHEDULE 16

Duty to inform parent or pupil of right of appeal
1.(1) The articles of government for a county, controlled or...

Suspension of direction for reinstatement pending appeal etc.
2.(1) A direction for the reinstatement of a pupil given...

Time limits and notices waiving right to appeal
3.(1) No appeal under section 159(1)(a) or (2) against a...

Appeal committees
4.(1) Part I of Schedule 33 (school admission appeals) shall...

Procedure on an appeal

5.In the following provisions of this Schedule— “appeal” means an...
6.An appeal shall be by notice in writing setting out...
7.The appeal committee shall meet to consider an appeal—
7A.(1) For the purpose of fixing the time (falling within...
8.(1) On an appeal by a pupil or parent the...
9.(1) On an appeal by a governing body the appeal...
10.(1) The body responsible for making any arrangements under section...
11.(1) Appeals shall be heard in private except when the...
12.Two or more appeals may be combined and dealt with...
12A.(1) In deciding— (a) whether the pupil in question should...
13.In the event of a disagreement between the members of...
14.The decision of an appeal committee and the grounds on...
15.(1) Subject to paragraphs 6 to 14, all matters relating...

Notices
16.(1) Where in accordance with paragraph 1(1) or (2) notice...

Meaning of “the relevant person”
17.In this Schedule “the relevant person” means—

Power of Secretary of State to make amendments
18.The Secretary of State may by order amend the preceding...

SCHEDULE 17
Governors’ annual reports

General

1.(1) The articles of government for a county, voluntary or...
2.The report shall be as brief as is reasonably consistent...

Requirements as to contents

3.Where there is an obligation on the governing body (by...
4.The report shall— (a) give the name of each governor...
5.The report shall give such information as is available to...
6.The report shall contain a financial statement—
7.The report shall give such information about—
7A.The report shall give the information about public examinations and...
8.The report shall describe what steps have been taken by...
9.The report shall draw attention to the information made available...
9A.The report shall summarise, where the school is in England,...
9B.The report shall give, where the school is in Wales,...
9C.The report shall describe in general terms—
9D.The report shall indicate in relation to the period since...
9E.The report shall give the dates of the beginning and...
9F.The report shall summarise any changes to information contained in...

Power of Secretary of State to make amendments
10.The Secretary of State may by order amend the preceding...

SCHEDULE 18
Annual parents’ meetings

Proceedings at an annual parents’ meeting

1.The articles of government for a county, voluntary or maintained...
2.(1) The articles of government for a county, voluntary or...
3.No person who is not a parent of a registered...

Consideration of resolutions passed at an annual parents’ meeting
4.(1) The articles of government for a county, voluntary or...

Determination of question whether person is to be treated as pupil’s parent
5.(1) The articles of government for a county, controlled or...

SCHEDULE 19
Conduct and staffing of new county, voluntary and maintained special schools

Part I General

Articles of government for new schools

1.(1) The requirement for there to be articles of government...
2.Section 129(2) (amendment of articles) shall not apply in relation...

Conduct of new schools: general

3.The determination of those matters relating to the conduct of...
4.Regulations may make in relation to consultation with temporary governing...

Part II Staffing of new schools: financial delegation not proposed

Staffing of new county, controlled or maintained special schools

5.Subject to paragraph 19(4), paragraphs 6 to 11 apply in...
6.(1) The complement of teaching and non-teaching posts for the...
7.(1) Whenever a selection panel is required by virtue of...
8.(1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11)...
9.(1) Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11)...
10.(1) The general staff appointment provisions shall apply in relation...
11.(1) The clerk to the temporary governing body shall be...
12.Subject to paragraph 19(4), a local education authority shall, in...

Staffing of new aided schools

13.Subject to paragraph 19(5), paragraphs 14 to 16 apply in...
14.Subject to paragraph 15(1), the local education authority and the...
15.(1) The first appointment of a clerk to the temporary...
16.(1) The local education authority shall, with a view to...

Expenditure on staff for new schools
17.Where a temporary governing body are constituted for a new...

Part III Staffing of new schools: financial delegation proposed

Adaptation of references
18.For the purposes of the application (in accordance with paragraphs...

Application or otherwise of provisions about staffing

19.(1) Subject to paragraphs 20 to 24, section 136 or...
20.Sections 136, 137 and 138 and Schedule 14 (staffing of...
21.In the case of a new school which is a...
22.Section 139(2) and (5) (payments in respect of dismissal) shall...
23.Any provision included in a scheme by virtue of subsection...
24.(1) Section 141 (amendment of articles) shall not apply in...

Part IV Other matters relating to conduct etc. of new schools

Preparation of curriculum
25.(1) The head teacher of a new school for which...

School terms, holidays and sessions
26.(1) Pending the coming into force of the articles of...

Discipline
27.Pending the coming into force of the articles of government...

Reports and information
28.(1) A temporary governing body shall provide the local education...

Consultation on expenditure by local education authority
29.(1) Where a temporary governing body have been constituted for...

SCHEDULE 20

Part I Proposals for acquisition of grant-maintained status

Publication of proposals and notice
1.(1) Where proposals are required to be published under section...

Statement to be annexed to proposals
2.(1) There shall be annexed to any proposals published under...

Statement to accompany published proposals
3.Any proposals published under section 193 shall be accompanied by...

Details of proposals
4.(1) Any proposals published under section 193 shall—

Objections to proposals
5.Within the period of two months beginning with the date...

Interpretation
6.(1) For the purposes of this Part of this Schedule,...

Part II Proposals for establishment of new grant-maintained school

Content of proposals
7.(1) Proposals published under section 211 or 212 shall—

Statement to be annexed to proposals
8.There shall be annexed to any proposals published under section...

Statement to accompany published proposals
9.Any proposals published under section 211 or 212 shall be...

Objections

10.(1) Within the period of two months beginning with the...
11.Within the period of two months beginning with the date...

Approval of school premises
12.(1) Where proposals for the establishment of a new grant-maintained...

SCHEDULE 21

Introductory
1.The functions conferred by or under paragraphs 2 to 5...

Powers to contract, etc.
2.The new governing body may— (a) enter into contracts including,...

Access to school
3.Any member of, or person authorised by, the new governing...

Information
4.(1) If the new governing body request the existing governing...

General powers of Secretary of State
5.(1) The Secretary of State may by order make such...

Grants to new governing body
6.(1) The funding authority may make grants to the new...

Liability for expenses of new governing body
7.The duty of a local education authority to maintain any...

SCHEDULE 22
Governing bodies of grant-maintained schools

Introductory
1.In this Schedule— “school” means a grant-maintained school, and “instrument”,...

Election of governors
2.The instrument for a school may make provision—

Disqualification for, tenure of and removal from office

3.A person who is a member of the teaching or...
4.The instrument for a school may make provision as to...
5.Subject to paragraph 10, the instrument for a school must...
6.(1) Subject to paragraph 10, the instrument for a school...
7.No provision made in the instrument by virtue of paragraph...
8.The instrument for a school must provide that any member...
9.(1) The instrument for a school must provide that any...

Initial appointments: terms of office
10.(1) The instrument for a school must, until every initial...

Meetings and proceedings

11.The proceedings of the governing body of a school shall...
12.Subject to the provisions of Chapter V of Part III...
13.(1) The instrument for a school may make provision as...

Information as to meetings and proceedings
14.(1) Regulations may require the governing body of a school...

Allowances for governors
15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal etc.
16.(1) The application of the seal of the governing body...

SCHEDULE 23
Content of articles of government for grant-maintained schools

Introductory
1.In this Schedule— “school” means a grant-maintained school, and “articles”,...

Performance and delegation of functions
2.(1) The articles must make provision as to the functions...

Staff
3.(1) The articles must include provision as to—

Curriculum
4.(1) The articles must include provision for securing the discharge...

Admission arrangements
5.(1) The articles must— (a) provide for the governing body...

Appeals relating to admission and exclusion of pupils
6.(1) The articles must include provision as to the arrangements...

Annual reports
7.(1) The articles must require the governing body to prepare...

Annual parents’ meetings
8.(1) The articles must require the governing body, subject to...

SCHEDULE 24
Categories of governors

Part I Introductory

Application
1.(1) This Schedule applies, in relation to the governing body...

General interpretation

2.References to an initial governor are to any person who...
3.References to a governor of an elected category are to...
4.In relation to any proposals for acquisition of grant-maintained status...

Part II Initial governors

Parent governors
5.(1) In relation to a governing body to be incorporated...

Teacher governors
6.(1) In relation to a governing body to be incorporated...

First governors
7.(1) In relation to a governing body to be incorporated...

Foundation governors
8.(1) In relation to a governing body to be incorporated...

Sponsor governors
9.In relation to a governing body to be incorporated under...

Part III Governors other than initial governors

Parent governors
10.(1) “Parent governor” means a person who—

Teacher governors
11.(1) “Teacher governor” means a person who—

First governors
12.“First governor” means— (a) a person appointed by the governing...

Foundation governors
13.“Foundation governor” means a person who— (a) is appointed otherwise...

Sponsor governors
14.“Sponsor governor” means— (a) a person appointed by a person...

SCHEDULE 25
Core governors for groups

Introductory
1.The provision made for core governors in the instrument of...

Kinds of core governor
2.(1) Core governors may be either— (a) appointed by the...

Groups consisting only of former voluntary schools or section 212 schools
3.(1) This paragraph applies in the case of such a...

Other groups
4.(1) This paragraph applies in the case of a group...

Schedule 25A
Appeals against exclusion of pupils from grant-maintained schools

Introductory
1.In this Schedule— “ appeal ” means an appeal mentioned...

Procedure on appeal

2.An appeal shall be by notice in writing setting out...
3.(1) Subject to sub-paragraph (2), the appeal committee shall meet...
4.(1) For the purpose of fixing the time (falling within...
5.(1) The appeal committee shall give the relevant person an...
6.An appeal shall be held in private except when otherwise...
7.Two or more appeals may be combined and dealt with...
8.(1) In deciding whether the pupil in question should be...
9.In the event of a disagreement between the members of...
10.Subject to paragraph 11, the decision of the appeal committee...
11.Where the governing body extend the period for the consideration...
12.Subject to paragraphs 2 to 11, all matters relating to...
13.(1) Subject to sub-paragraph (2), where joint arrangements for appeals...

Power of Secretary of State to make amendments
14.The Secretary of State may by order amend the preceding...

SCHEDULE 26
Making of assessments under section 323

Introductory
1.In this Schedule “assessment” means an assessment of a child’s...

Medical and other advice
2.(1) Regulations shall make provision as to the advice which...

Manner, and timing, of assessments, etc.
3.(1) Regulations may make provision— (a) as to the manner...

Attendance at examinations
4.(1) Where a local education authority are considering whether to...

Offence
5.(1) Any parent who fails without reasonable excuse to comply...

SCHEDULE 27
Making and maintenance of statements under section 324

Introductory
1.In this Schedule— “ amendment notice ” has the meaning...

Copy of proposed statement

2.(1) Before making a statement, a local education authority shall...
2A.Amendments to a statement
2B.Provision of additional information

Choice of school

3.(1) Every local education authority shall make arrangements for enabling...
3A.Consultation on specifying name of school in statement

Representations
4.(1) A parent on whom a copy of a proposed...

Making the statement
5.(1) Where representations are made to a local education authority...

Service of statement
6.(1) Where a local education authority make or amend a...

Keeping, disclosure and transfer of statements
7.(1) Regulations may make provision as to the keeping and...

Change of named school
8.(1) Sub-paragraph (2) applies where— (a) the parent of a...

Procedure for amending or ceasing to maintain a statement

9.(1) A local education authority may not amend, or cease...
10.(1) Before amending a statement, a local education authority shall...
11.(1) A local education authority may cease to maintain a...

SCHEDULE 28

Constitution of governing body and conduct of school
1.(1) For every governing body of a grant-maintained special school...

Initial instruments and articles of government
2.(1) The initial instrument of government for the governing body...

Subsequent instruments of government
3.(1) The Secretary of State may— (a) if the governing...

Subsequent articles of government
4.(1) The governing body of a grant-maintained special school may,...

Parent governors
5.(1) The instrument of government for the governing body of...

Teacher governors
6.(1) The instrument of government for the governing body of...

Head teacher
7.The instrument of government for the governing body of a...

First governors
8.(1) The instrument of government for the governing body of...

Power of Secretary of State to replace first governors
9.(1) The instrument of government for the governing body of...

Sponsor governors
10.The instrument of government for the governing body of a...

Additional governors
11.(1) The instrument of government for the governing body of...

Powers
12.Section 231 of this Act shall have effect in relation...

Transitory provisions
13.Regulations may modify the provisions of paragraphs 5 to 12...

General application of enactments

14.In relation to any governing body incorporated in pursuance of...
15.Each of sections 306A (responsibility for discipline) and 307 (exclusion...
16.Section 307A and Schedule 25A (exclusion appeals) apply in relation...

SCHEDULE 29

Status
1.The Authority shall not be regarded as a servant or...

Powers

2.(1) The Authority may do anything which is calculated to...
3.(1) The Authority may also give to any person or...

Chief officer
4.The Authority shall have a chief officer who shall be...

Chairman and chief officer: division of functions
5.(1) The Secretary of State may, on appointing a person...

Tenure of office

6.(1) A person shall hold and vacate office as a...
7.The Secretary of State may, if satisfied that a member...
8.If the chairman or deputy chairman of the Authority ceases...

Payments to members
9.(1) The Authority shall pay to their members such salaries...

Staff

10.Subject to the approval of the Secretary of State, given...
11.(1) Employment with the Authority shall continue to be included...

Finance
12.(1) The Secretary of State may make grants to the...

Committees
13.(1) The Authority may establish a committee for any purpose....

Delegation of functions
14.The Authority may authorise the chairman, the deputy chairman, the...

Proceedings

15.(1) A representative of the Secretary of State shall be...
16.(1) Her Majesty’s Chief Inspector of Schools in England, or...
17.(1) The chairman of the Curriculum and Assessment Authority for...
18.The validity of the Authority’s proceedings shall not be affected...
19.Subject to the preceding provisions of this Schedule, the Authority...

Accounts
20.(1) The Authority shall— (a) keep proper accounts and proper...

Documents

21.The application of the seal of the Authority shall be...
22.Any document purporting to be an instrument made or issued...

SCHEDULE 30

Status
1.The Authority shall not be regarded as a servant or...

Powers

2.(1) The Authority may do anything which is calculated to...
3.(1) The Authority may also give to any person or...

Chief officer
4.(1) The Authority shall have a chief officer who shall...

Tenure of office

5.(1) A person shall hold and vacate office as a...
6.The Secretary of State may, if satisfied that a member...
7.If the chairman or deputy chairman of the Authority ceases...

Payments to members
8.(1) The Authority shall pay to their members such salaries...

Staff

9.Subject to the approval of the Secretary of State, given...
10.(1) Employment with the Authority shall continue to be included...

Finance
11.(1) The Secretary of State may make grants to the...

Committees
12.(1) The Authority may establish a committee for any purpose....

Delegation of functions
13.The Authority may authorise the chairman, the deputy chairman, the...

Proceedings

14.(1) The chairman of the School Curriculum and Assessment Authority,...
15.The validity of the Authority’s proceedings shall not be affected...
16.Subject to the preceding provisions of this Schedule, the Authority...

Accounts
17.(1) The Authority shall— (a) keep proper accounts and proper...

Documents

18.The application of the Authority’s seal shall be authenticated by...
19.Any document purporting to be an instrument made or issued...

SCHEDULE 31
Agreed syllabuses of religious education

Duty to convene conference to reconsider agreed syllabus

1.(1) Where the agreed syllabus for the time being adopted...
2.(1) A local education authority shall from time to time...
3.On receipt by a local education authority of written notification...

Constitution of conference

4.(1) A conference convened under this Schedule shall consist of...
5.Any sub-committees appointed by the conference shall each include at...
6.On any question to be decided by the conference or...
7.(1) Before appointing a person to represent any religion, denomination...
8.A person appointed as a member of a committee—
9.Where a person resigns or is withdrawn from a committee,...

Reconsideration of agreed syllabus

10.(1) This paragraph applies where a local education authority cause...
11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation of new syllabus by appointed body

12.(1) Where required by paragraph 10 to proceed in accordance...
13.(1) The appointed body shall— (a) give the local education...
14.The syllabus prepared by the appointed body shall be deemed...

Special provisions applicable where order under section 27(1)(b) applies
15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 32

Proposals for reduction of standard number

1.Where the admission authority for a county or voluntary school...
2.The published proposals shall be accompanied by a statement explaining...
3.(1) Where the local education authority are the admission authority,...
4.Where the governing body are the admission authority, objections to...

Order of Secretary of State
5.(1) Subject to sub-paragraph (2), where an application is made...

Consultation before making application
6.(1) Where the local education authority are the admission authority...

References to date of publication of proposals
7.(1) References in this Schedule, in relation to proposals under...

SCHEDULE 33

Part I Constitution of appeal committees

Appeal arrangements made by local education authorities
1.(1) An appeal pursuant to arrangements made by a local...

Appeal arrangements made by governing bodies

2.(1) An appeal pursuant to arrangements made by the governing...
3.Where (by virtue of section 423(3)) joint arrangements are made...
4.An appeal committee constituted in accordance with paragraph 2 (or...

Lay members

5.(1) A person is eligible to be a lay member...
6.The Secretary of State may by regulations require any local...

Indemnity
7.Any local education authority or governing body required to make...

Part II Procedure

8.In this Part “appeal” means an appeal pursuant to any...
9.An appeal shall be by notice in writing setting out...
10.An appeal committee shall give the appellant an opportunity of...
11.The matters to be taken into account by an appeal...
12.(1) Appeals shall be heard in private except when the...
13.In the event of a disagreement between the members of...
14.The decision of an appeal committee and the grounds on...
15.(1) Subject to paragraphs 9 to 14, all matters relating...

Schedule 33A

Duty to notify governing body of decision to admit child
1.Where any such decision as is mentioned in section 423A(2)...

Time limit on appealing
2.An appeal by the governing body against any such decision...

Appeal committees
3.(1) Subject to sub-paragraphs (2) and (3) below, paragraphs 1,...

Procedure on an appeal

4.In the following provisions of this Schedule— “appeal” means an...
5.An appeal shall be by notice in writing setting out...
6.The appeal committee shall meet to consider an appeal—
7.On an appeal the committee shall allow—
8.In considering an appeal the appeal committee shall have regard...
9.Appeals shall be heard in private except when otherwise directed...
10.Two or more appeals may be combined and dealt with...
11.In the event of a disagreement between the members of...
12.The decision of an appeal committee and the grounds on...
13.(1) Subject to paragraphs 5 to 12, all matters relating...

Power of Secretary of State to make amendments
14.The Secretary of State may by order amend the preceding...

Schedule 33B

Home-school partnership documents
1.(1) The admission arrangements for a grant-maintained school may include...

Effect of home-school partnership document
2.(1) This paragraph applies where the admission arrangements for a...

Restriction of right to refuse admission to partially-selective school
3.(1) An application for the admission of a child to...

No requirement to admit children permanently excluded from two or more schools
4.(1) The governing body of a grant-maintained school shall not...

SCHEDULE 34
Independent Schools Tribunals

Appointment of legal and educational panels
1.(1) For the purpose of enabling Independent Schools Tribunals to...

Qualifications for appointment
2.(1) A person is not qualified to be appointed to...

Terms and conditions of appointment
3.(1) Subject (in the case of a member of the...

Constitution of tribunal
4.(1) Where an appeal is required to be determined by...

Remuneration
5.The Secretary of State may pay to the members of...

SCHEDULE 35

1.(1) A participation agreement shall provide that it may be...
2.The proprietors of the school may terminate a participation agreement...
3.Subject to paragraph 4, the Secretary of State may terminate...
4.(1) If in the case of a participation agreement the...
5.A notice of termination given under paragraph 3 or 4...
6.The termination of a participation agreement shall not affect the...

SCHEDULE 35A
Academies: land

1.Transfer schemes
2.Restriction on disposal
3.(1) This paragraph applies if an authority makes a disposal...
4.(1) For the purposes of paragraphs 2 and 3—
5.Restriction on appropriation
6.(1) This paragraph applies if an authority makes an appropriation...
7.Duty to inform
8.Former Academies
9.Disapplication of rule against perpetuities
10.Other Acts
11.Regulations
12.Class consents
13.Interpretation

SCHEDULE 36
Uniform statutory trusts for educational endowments

1.The trustees may, after payment of any expenses incurred in...
2.The trustees may also, after payment of any expenses incurred...

SCHEDULE 37
Consequential amendments

Part I Amendments coming into force on 1st November 1996

Children and Young Persons Act 1933 (c. 12)
1.Section 96 of the Children and Young Persons Act 1933...

Public Records Act 1958 (c. 51)
2.In Schedule 1 to the Public Records Act 1958 (definition...

Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)
3.In section 2(1) of the Church Schools (Assistance by Church...

Education Act 1962 (c. 12)

4.(1) Section 1 of the Education Act 1962 (local education...
5.In section 3(c)(i) of that Act (awards by Secretary of...
6.For section 14(4) of that Act there is substituted—
7.In paragraph 2 of Schedule 1 to that Act (ordinary...

London Government Act 1963 (c. 33)

8.In section 30(1) of the London Government Act 1963 (local...
9.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1963 (c. 37)

10.In section 37(3) of the Children and Young Persons Act...
11.In section 38 of that Act (restriction on licences for...

Veterinary Surgeons Act 1966 (c. 36)
12.In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions...

Education Act 1967 (c. 3)
13.In section 6(2) of the Education Act 1967 (construction as...

Public Expenditure and Receipts Act 1968 (c. 14)
14.In Schedule 3 to the Public Expenditure and Receipts Act...

Children and Young Persons Act 1969 (c. 54)

15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Authorities (Goods and Services) Act 1970 (c. 39)
17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Authority Social Services Act 1970 (c. 42)
18.In Schedule 1 to the Local Authority Social Services Act...

Chronically Sick and Disabled Persons Act 1970 (c. 44)
19.In section 8(2) of the Chronically Sick and Disabled Persons...

Pensions (Increase) Act 1971 (c. 56)
20.In Part II of Schedule 2 to the Pensions (Increase)...

Superannuation Act 1972 (c. 11)
21.(1) Schedule 1 to the Superannuation Act 1972 shall continue—...

Local Government Act 1972 (c. 70)

22.(1) Section 104(2)(a) of the Local Government Act 1972 (teachers...
23.In section 112(4)(b) of that Act (appointment of staff) for...
24.In section 139(4) of that Act (acceptance of gifts of...
25.In section 177(1) of that Act (supplementary provisions as to...

Fair Trading Act 1973 (c. 41)
26.In Schedule 4 to the Fair Trading Act 1973 (services...

Local Government Act 1974 (c. 7)

27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28.In section 31A(2) of that Act (consideration of adverse reports)...
29.In paragraph 5(1) of Schedule 5 to that Act (matters...

House of Commons Disqualification Act 1975 (c. 24)
30.(1) Part III of Schedule 1 to the House of...

Sex Discrimination Act 1975 (c. 65)

31.In section 23(1) of the Sex Discrimination Act 1975 (other...
32.In section 23A of that Act (discrimination by Further Education...
33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34.In section 24(2)(c) of that Act (designated establishments) for “the...
35.(1) Section 25 of that Act (general duty in public...
36.In section 82 of that Act (general interpretation), in subsection...
37.In Schedule 2 to that Act (transitional exemption orders for...

Restrictive Trade Practices Act 1976 (c. 34)
38.In Schedule 1 to the Restrictive Trade Practices Act 1976...

Race Relations Act 1976 (c. 74)

39.In section 18(1) of the Race Relations Act 1976 (other...
40.In section 18A of that Act (discrimination by Further Education...
41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42.(1) Section 19 of that Act (general duty in public...
43.In section 78 of that Act (general interpretation), in subsection...

National Health Service Act 1977 (c. 49)

44.In section 28A(2)(c) of the National Health Service Act 1977...
45.In section 128(1) of that Act (interpretation), in the definition...
46.In Schedule 1 to that Act (medical and dental inspection...

Education Act 1980 (c.20)
47.(1) Section 38 of the Education Act 1980 (citation etc.)...

Education (Scotland) Act 1980 (c. 44)
48.(1) Section 48A of the Education (Scotland) Act 1980 (corporal...

Local Government, Planning and Land Act 1980 (c.65)
49.In paragraph 10 of Schedule 10 to the Local Government,...

Acquisition of Land Act 1981 (c. 67)

50.In section 1(2) of the Acquisition of Land Act 1981...
51.(1) Section 17(4) of that Act (statutory undertakers) shall have...

Greater London Council (General Powers) Act 1981 (c. xvii)
52.In section 16 of the Greater London Council (General Powers)...

Agricultural Training Board Act 1982 (c. 9)
53.In section 4(5) of the Agricultural Training Board Act 1982...

Industrial Training Act 1982 (c. 10)
54.In section 5 of the Industrial Training Act 1982 (functions...

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
55.In section 40 of the Local Government (Miscellaneous Provisions) Act...

Representation of the People Act 1983 (c. 2)
56.(1) Paragraph 22 of Schedule 1 to the Representation of...

Education (Fees and Awards) Act 1983 (c. 40)
57.In section 1(4) of the Education (Fees and Awards) Act...

Registered Homes Act 1984 (c. 23)
58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Building Act 1984 (c. 55)
59.In section 4(1)(a) of the Building Act 1984 (exemption of...

Greater London Council (General Powers) Act 1984 (c. xxvii)
60.In section 10(2)(g) of the Greater London Council (General Powers)...

Further Education Act 1985 (c. 47)
61.In section 8(3) (short title etc.) for “the Education Act...

Housing Act 1985 (c. 68)
62.In Schedule 1 (tenancies which are not secure tenancies), in...

Local Government Act 1986 (c. 10)
63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
64.(1) Section 5 of the Disabled Persons (Services, Consultation and...

Education (No. 2) Act 1986 (c. 61)

65.(1) Section 50 of the Education (No. 2) Act 1986...
66.(1) Section 67 of that Act (short title etc.) shall...

Reverter of Sites Act 1987 (c. 15)
67.(1) The Reverter of Sites Act 1987 shall be amended...

Local Government Act 1988 (c. 9)
68.In paragraph 8(3)(a) of Schedule 1 to the Local Government...

Criminal Justice Act 1988 (c. 33)
69.In section 139A(6) and (7) of the Criminal Justice Act...

Education Reform Act 1988 (c. 40)

70.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71.In section 161(1)(b)(i) of that Act (interpretation of Part II)...
72.In section 163(1) of that Act (new education authorities for...
73.In section 166(5) of that Act (responsibility for schools) for...
74.(1) Section 197 of that Act (Education Transfer Council) shall...
75.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76.(1) Section 218 of that Act (school and further and...
77.For section 219 of that Act there is substituted— Powers...
78.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79.In section 228 of that Act (transfer of property to...
80.In section 232 of that Act (orders and regulations)—
81.(1) Section 235 of that Act (general interpretation) shall be...
82.(1) Schedule 10 to that Act (supplementary provisions with respect...

Copyright, Designs and Patents Act 1988 (c. 48)
83.In section 174(3) of the Copyright, Patents and Designs Act...

Children Act 1989 (c. 41)

84.In section 28(4) of the Children Act 1989 (local authority...
85.In section 36(5) of that Act (education supervision orders: presumption...
86.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87.In section 87(10) of that Act (welfare of children accommodated...
88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90.In section 91(5) of that Act (effect and duration of...
91.In section 105(1) of that Act (interpretation) for “the Education...
92.In paragraph 3(b) of Schedule 2 to that Act (local...
93.(1) Part III of Schedule 3 to that Act (education...
94.(1) Paragraph 3 of Schedule 9 to that Act (child...

Local Government and Housing Act 1989 (c. 42)

95.In section 2(6)(a) of the Local Government and Housing Act...
96.(1) Section 13 of that Act (voting rights of members...
97.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education (Student Loans) Act 1990 (c. 6)
98.In section 1(3)(a) of the Education (Student Loans) Act 1990...

Town and Country Planning Act 1990 (c. 8)
99.In section 76 of the Town and Country Planning Act...

Environmental Protection Act 1990 (c. 43)
100.In section 98(2) of the Environmental Protection Act 1990 (definitions)—...

School Teachers’ Pay and Conditions Act 1991 (c. 49)
101.(1) The School Teachers’ Pay and Conditions Act 1991—

Diocesan Boards of Education Measure 1991 (1991 No. 2)

102.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
104.(1) Section 6 of that Measure (Board to be consulted...
105.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further and Higher Education Act 1992 (c. 13)

108.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109.In section 28(3)(a) of that Act (institutions which are grant-aided...
110.(1) Section 37 of that Act (attribution of surpluses and...
111.In section 54(2) of that Act (duty to give information)...
112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113.For section 57(6) of that Act (intervention in event of...
114.In section 89(5) of that Act (orders, regulations and directions)...
115.(1) Section 90 of that Act (interpretation) shall be amended...
116.In section 92 of that Act (Index)—
117.(1) Schedule 8 to that Act— (a) shall continue to...

Tribunals and Inquiries Act 1992 (c. 53)
118.(1) The Tribunals and Inquiries Act 1992 shall be amended...

Charities Act 1993 (c. 10)

119.For section 79(9) of the Charities Act 1993 (parochial charities)...
120.(1) Schedule 2 to that Act (exempt charities) shall continue...
121.At the end of paragraph 1(b) of Schedule 4 to...

Welsh Language Act 1993 (c. 38)
122.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government (Wales) Act 1994 (c. 19)

123.(1) Section 30 of the Local Government (Wales) Act 1994...
124.(1) Section 31 of that Act (sub-committees of area committees)...

Value Added Tax Act 1994 (c. 23)
125.In Schedule 9 to the Value Added Tax Act 1994...

Education Act 1994 (c. 30)

126.After section 11 of the Education Act 1994 there is...
127.(1) Section 12 of that Act (power of schools to...
128.In section 19 of that Act (interpretation)—

Disability Discrimination Act 1995 (c. 50)
129.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Rights Act 1996 (c. 18)
130.In section 134(1) of the Employment Rights Act 1996 (dismissal...

Nursery Education and Grant-Maintained Schools Act 1996 (c. 57)

131.(1) Section 4 of the Nursery Education and Grant-Maintained Schools...
132.In section 11 of that Act (citation etc.) for subsection...

Part II Amendments coming into force on appointed day

Children and Young Persons Act 1933 (c. 12)
133.In section 30(1)(a) of the Children and Young Persons Act...

Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)
134.In section 24(1) of the Agriculture (Safety, Health and Welfare...

Factories Act 1961 (c. 34)
135.In section 176(1) of the Factories Act 1961 (general interpretation)...

Matrimonial Causes Act 1973 (c. 18)
136.In section 29(2)(a) of the Matrimonial Causes Act 1973 (age...

Sex Discrimination Act 1975 (c. 65)
137.In section 24(2)(d) of the Sex Discrimination Act 1975 (designated...

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
138.In section 5(2)(a) of the Domestic Proceedings and Magistrates’ Courts...

Employment Act 1989 (c. 38)
139.In section 10 of the Employment Act 1989 (removal of...

SCHEDULE 38
Repeals and revocations

Part I Repeals coming into force on 1st November 1996
Part II Repeals coming into force on appointed day
Part III Revocations

SCHEDULE 39
Transitional provisions and savings

Part I General

General transitional provisions
1.(1) The repeal and re-enactment of provisions by this Act...

Extension of references to provisions repealed by Education Act 1993
2.(1) Paragraph 1(3) above shall have effect, for the purpose...

Construction of pre-1944 Act references

3.Where immediately before the commencement of this Act any reference...
4.(1) This paragraph applies to enactments passed before 1st April...

Effect of old transitional provisions and savings

5.The repeals made by this Act shall not affect the...
6.(1) The repeal by this Act of an enactment previously...

Use of existing forms etc.
7.Any reference to an enactment repealed by this Act which...

Pre-commencement offences
8.Nothing in this Act affects the enactments repealed by this...

Part II Specific provisions

Governing bodies of LEA-maintained schools

9.(1) Any governing body which immediately before the commencement of...
10.(1) The reproduction by this Act of any reference, in...
11.Where any instrument under which the governing body of an...

Special agreement schools
12.(1) Any order under section 15(2) of the Education Act...

Proposals to establish etc. maintained or grant-maintained schools
13.(1) Nothing in sections 35 to 45 or in sections...

Review of constitution of governing bodies
14.(1) Subject to sub-paragraph (2), nothing in section 82 of...

Confirmation of certain decisions of governing body
15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of grouping
16.The reference in section 94(2)(c) of this Act to an...

Financial delegation

17.(1) Without prejudice to paragraph 1(3) above—
18.Nothing in section 141 of this Act requires a local...

School sessions
19.For the purposes of section 147(1)(b) of this Act as...

Exclusion of pupils
20.Nothing in section 157 of this Act applies in relation...

School premises: pre-1993 Act transfer of control agreements
21.(1) This paragraph applies to any agreement to which paragraph...

Variation of trust deeds etc.
22.In section 179(1) of this Act— (a) paragraph (b) does...

Ballots relating to acquisition of grant-maintained status
23.Section 190(2)(b) of this Act applies where after the commencement...

Instruments and articles for grant-maintained schools incorporated under pre-1993 Act law

24.(1) This paragraph applies in relation to a grant-maintained school...
25.(1) This paragraph applies in relation to a grant-maintained school...
26.(1) This paragraph applies in relation to a grant-maintained school...

Appeal committees

27.Nothing in— (a) section 308(3) of this Act, or
28.Paragraph 13(4) of Schedule 22 to this Act does not...
29.Where immediately before the commencement of this Act an appeal...
30.Nothing in this Act affects the restriction imposed by paragraph...

Maintenance etc. grants

31.(1) The former grants code shall continue to have effect...
32.Section 81 of the Education Reform Act 1988 (recovery from...
33.The Education (Grant-maintained Schools) (Finance) Regulations 1990, so far as...

Assessments and statements of special educational needs
34.Any assessment or statement of special educational needs which—

Applications relating to special schools
35.Any application which— (a) was made to the Secretary of...

Contracts of staff transferred to School Curriculum and Assessment Authority or Curriculum and Assessment Authority for Wales
36.(1) The repeal by this Act of—

Information about directions under section 365
37.Nothing in section 366 of this Act applies, by virtue...

Review of conclusions about policy relating to curriculum
38.Any articles of government of a county, controlled or maintained...

Agreed syllabuses of religious education
39.(1) Nothing in this Act affects the constitution of, or...

Arrangements for collective worship
40.In section 385 of this Act— (a) subsection (4)(b) does...

Disqualification for purposes of Part VII
41.Sections 472 and 473 of this Act shall apply to...

Chairmen of Independent Schools Tribunals
42.In its application to a person who, immediately before 31st...

Training grants
43.The Education (Training Grants) Regulations 1993 shall continue to have...

Education committees etc. and members of those committees
44.(1) Sub-paragraph (2) below applies to— (a) any education committee...

Documents issued by divisional executives
45.Section 566(1) of this Act applies to a document purporting—...

Part III Miscellaneous savings etc.

46. Handicapped children

Byelaws under Children and Young Persons Act 1933
47.Despite the repeal by this Act of section 120(5) of...

Disputes as to property transferred by virtue of 1944 Act
48.Any question which, if it had arisen before the commencement...

Modifications of deeds made prior to Education Act 1973
49.Without prejudice to the generality of paragraph 6(2) above, any...

Instruments made prior to Local Government Act 1972
50.The repeal by this Act of section 192(5) and (6)...

Part IV Interpretation
51.In this Schedule “repeal” includes (so far as the context...

SCHEDULE 40

Compulsory school age: general
1.(1) Until the day appointed under section 583(3) for the...

Section 231: powers of governing body of grant-maintained school
2.(1) If section 7 of the Nursery Education and Grant-Maintained...

Section 318: provision by LEAs of goods and services
3.If paragraph 12 of Schedule 3 to the Nursery Education...

Sections 336 and 476: disapplication of arbitration legislation
4.If paragraphs 4 and 59 of Schedule 3 to the...

Section 355: the “key stages”
5.Until the day appointed under section 583(3) for the coming...

Section 357: implementation of National Curriculum
6.Until the relevant commencement date, section 357(2) shall not apply,...

Section 433: time for admission of pupils
7.If paragraph 2 of Schedule 3 to the Nursery Education...

Sections 457, 512 and 534: jobseeker’s allowances
8.(1) If paragraph 17 of Schedule 2 to the Jobseekers...

Section 560: work experience
9.Until the day appointed under section 583(3) for the coming...

Section 578 and Schedule 37: “the Education Acts”; consequential amendments
10.If the provisions of Schedule 3 to the Nursery Education...

Meaning of “the relevant commencement date”
11.(1) Subject to sub-paragraph (2), in any of the preceding...

TABLE OF DERIVATIONS

1.Notes:
2.The following abbreviations are used in the Table:—
Acts of Parliament

Subordinate legislation

3.The abbreviation “Law Com. Rec. No.” followed by a number...
4.By virtue of the Secretary of State for Education and...
5.The Table also does not separately acknowledge the provisions of...
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